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(영문) 서울고등법원 2018.11.08 2018누54974
고용보험 피보험자격확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except for the case where the reasoning of this case is written as stated in paragraph (2). Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act

2.The following shall be added to the 11 line, the 2nd 11 line of which is to be used:

“. The Plaintiff dissatisfied with this request and filed a petition for review with an employment insurance examiner for the cancellation of the instant disposition on December 21, 2017, but the Plaintiff was dismissed on May 10, 2018.” 2 pages 12 of the “No. B” column is added to “No. 48.”

4 The phrase "each entry" of the 4th line shall be read as "each entry and testimony of witness E of this Court".

At the bottom of 5, the following shall be added to:

⑤ E, the representative director of B, was present in this court as a witness and testified to the following purport:

B had the operating right to the instant restaurant.

Upon the delegation of a witness, the former F, who operated B, transferred the right to operate the instant restaurant to D, and D knows that it has transferred the said right to operate the restaurant to D again.

B was the formal operator of the instant restaurant, and the sales amount of the instant restaurant operated by the Plaintiff was deposited into the account in the name of B, and B deposited the remainder after deducting the expenses of employees, such as wages, food ingredients, value added tax, etc., on the written request for expenditure sent to B by the Plaintiff.

Although the Plaintiff was not a worker of B, in order to prepare evidentiary documents regarding the receipt of money from the Plaintiff’s account to the Plaintiff’s account, from September 2009 to December 12, 2009, the benefit ledger was prepared as if the Plaintiff paid KRW 1,00,000 per month to the Plaintiff, and the Plaintiff was also subscribed to the 4th insurance.

B shall be deducted from the amount to be paid to the Plaintiff both the individual contributions and the company contributions to four insurance policies, and only the remainder shall be paid to the Plaintiff.

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